01242006Council_Minutes by nuhman10

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									                 CITY COUNCIL PROCEEDINGS
JOURNAL 185                                  JANUARY 24, 2006                                            PAGE 131


                         MINUTES OF THE MEETING OF THE CITY COUNCIL


                                          Wichita, Kansas, January 24, 2006
                                          Tuesday, 9:50 A.M.

                The City Council met in regular session with Mayor Mayans in the Chair. Council Members Brewer,
                Fearey, Gray, Martz, Schlapp, Skelton; present.

                George Kolb, City Manager; Gary Rebenstorf, Director of Law; Karen Sublett, City Clerk; present.

                The Minutes of the January 10, 2006 meeting were approved 7 to 0.



                CONSENT AGENDA

Mayor Mayans    Mayor Mayans requested that items 12, 14, and 18 be pulled for discussion.

Motion--        Mayans moved that the Consent Agenda items 1 through 19K be approved as presented excluding items
  --carried     12, 14 and 18. Motion carried 7 to 0.


BOARD OF BIDS   REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JANUARY 23, 2006.

                Bids were opened January 13 and January 20, 2006, pursuant to advertisements published on:

                PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Sewers, Paving and Water Mains as
                per specifications (Exhibit Attached).

                21st Street North from Oliver to Woodlawn. (87N-0190-01/472-84235 /706923/ 205389) Traffic to be
                carried thru construction. (District I)

                         Cornejo & Sons Construction - $1,462,435.25*
                                 *Upon KDOT approval

                Water Distribution System to serve Auburn Hills 16th Addition -south of Maple, east of 151st Street
                West. (448-90121/735284/470955) Does not affect existing traffic. (District V)

                         McCullough Excavation - $120,750.00

                Water Distribution System to serve Reed's Cove 3rd Addition - south of 21st Street North, east of 127th
                Street East. (448-89957/735290/470961) Does not affect existing traffic. (District II)

                         McCullough Excavation - $36,650.00

                Water Distribution System to serve Equestrian Estates Addition - south of Harry, east of 127th Street
                East. (448-89614/735287/470958) Does not affect existing traffic. (District II)

                         McCullough Excavation - $70,650.00

                Main 18 Four Mile Creek Sewer to serve McEvoy & Casa Bella Additions - south of Harry Street, west
                of 127th Street East. (468-84026/744131/480819) Does not affect existing traffic. (District II)

                         WB Carter Construction - $431,000.00
               CITY COUNCIL PROCEEDINGS
JOURNAL 185                                 JANUARY 24, 2006                                              PAGE 132


              Wichita Waterwalk Public Improvements, Phase 2 - north of Kellogg, east of Arkansas River) (472-
              84133/792424/622098/435352/675126) Traffic to be maintained during construction using flagpersons
              and barricades. (District I)

                        WB Carter Construction - $346,231.00

              Kite from the east line of the plat, west to the west line of the plat; Marblefalls from the south line of
              Kite, south to the south line of Lot 38, Block C; Kite Court (Lots 11 through 17, Block D) from the
              north line of Kite north to and including the cul-de-sac; Kite Court (Lots 31 through 41, Block A) from
              the south line of Kite south to and including the cul-de-sac; Kite Court (Lots 42 through 53, Block A)
              from the south line of Kite south to and including the cul-de-sac; Sidewalk on Kite and Marblefalls to
              serve Falcon Falls 2nd Addition - north of 45th Street North, west of Hillside. (472-84264/ 765973/
              490088) Does not affect existing traffic. (District I)

                        APAC – Kansas Inc. - $391,193.91

              Water Distribution System to serve Eberly Farm Office Park Addition - south of 21st Street North, east
              of 135th Street West. (448-90140/735294/470965) Does not affect existing traffic. (District V)

                        Mies Construction - $17,511.50

Motion--      Mayans moved that the contracts be awarded as outlined above, subject to check, same being the lowest
              and best bid within the Engineer's construction estimate, and the and the necessary signatures be
  --carried   authorized. Motion carried 7 to 0.

              PUBLIC WORKS DEPARTMENT/STREET MAINTENANCE DIVISION: Traffic Barrels and
              Barricades.

                        Paving Maintenance Supply Inc. - $35,604.00* (Group 1/total net bid)
                            *Estimate – Contract approved on unit cost basis; refer to attachments.

              PUBLIC WORKS DEPARTMENT/FLEET DIVISION: 40 each– LFL Liberty Lightbars.

                        OMB Police Supply* - $62,788.00 (State of Kansas Contract #08156)
                          *Purchases utilizing Government Entities Contracts, Cooperative Contracts and
                          Agreements - Ordinance No. 38-122 Section 2.64.020 (j).

Motion--      Mayans moved that the contract(s) be awarded as outlined above, same being the lowest and
  --carried   best bid, and the necessary signatures be authorized. Motion carried 7 to 0.


LICENSE       APPLICATION FOR LICENSE.

              Escort Service:

              Renewal                    2006

              Saundra Jean Lacy          Jessie’s Primetime Entertainment     304 South Laura

Motion--      Mayans moved that the license subject to Staff review and approval be approved. Motion
  --carried   carried 7 to 0.
                   CITY COUNCIL PROCEEDINGS
JOURNAL 185                                     JANUARY 24, 2006                                            PAGE 133


CMBS              APPLICATIONS FOR LICENSE TO RETAIL CEREAL MALT BEVERAGES:

                  Renewal           2006                       (Consumption off Premises)

                  Mike Hoffman      Kwik Shop 749              2142 North Webb Road

Motion--          Mayans moved that the license subject to Staff review and approval be approved.
  --carried       Motion carried 7 to 0.


PRELIM. ESTS.     PRELIMINARY ESTIMATES:

                  a)        2005 Sanitary Sewer Reconstruction Phase 13, north of Harry, between Hillside & 143rd
                            Street East. (468-84137/620449/665568) Traffic to be maintained during construction using
                            flagpersons and barricades. (Districts II, III) - $150,000

                  b)        Lateral 11, Main 2, Cowskin Interceptor Sewer to serve Auburn Hills 16th Addition, (south of
                            Maple, east of 151st Street West) (468-84089/744154/480842) Does not affect existing traffic.
                            (District V) - $231,000

                  c)        29th Street Water Line, Maize to 119th (448-89798/633761/633762/753850/753904) Traffic to
                            be maintained during construction using flagpersons and barricades. (District V) - $596,000

                  d)        Lateral 5, Main 10 Four Mile Creek Sewer to serve Dillon's 12th Addition - north of 13th
                            Street North, east of Greenwich. (468-84124/744161/480849) Does not affect existing traffic.
                            (District II) - $105,000

                  e)        Storm Water Drain #236 to serve Fontana & Fontana 2nd Additions - north of 29th Street
                            North, east of 119th Street West. (468-83883/751411/485302) Does not affect existing traffic.
                            (District V) - $678,408

                  f)        Water Distribution System to serve Krug North Addition - north of 21st Street North, west of
                            143rd Street East. (448-90095/735282/470953) Does not affect existing traffic. (District II) -
                            $140,000

                  g)        Water Line Connection to serve Legacy & Brighton Court Additions - south of 21st Street
                            North, west of Webb) (448-90131/635667/765720) Does not affect existing traffic. (District
                            II) - $40,000

                  h)        Jardine Drive to serve 21st Street Kids & Family Empowerment Addition - north of 21st Street
                            North, east of Hydraulic) (472-84282/706930/205396) Does not affect existing traffic.
                            (District I) - $743,200

Motion--carried   Mayans moved that the Preliminary Estimates be received and filed. Motion carried 7 to 0.
               CITY COUNCIL PROCEEDINGS
JOURNAL 185                                 JANUARY 24, 2006                                               PAGE 134


PETITION      CONSTRUCT PAVING, SANITARY SEWER, DRAINAGE AND WATER IMPROVEMENTS
              IN WHISPERING LAKES ESTATES ADDITION, SOUTH OF HARRY, WEST OF 159TH
              STREET EAST. (DISTRICT II)

              Agenda Report No. 06-0055

              The Petitions have been signed by one owner representing 100% of the improvement districts.

              The projects will provide paving, sanitary sewer, drainage and water improvements within a residential
              development located south of Harry, west of 159th St. East.

              The Petitions total $806,000. The funding source is special assessments.

              State Statutes provide that a Petition is valid if signed by a majority of resident property owners or
              owners of a majority of property in the improvement district.

Motion--      Mayans moved that the Petitions be approved; the Resolutions adopted and the necessary signatures
  --carried   authorized. Motion carried 7 to 0.

                                                   RESOLUTION NO. 06-030

              Resolution of findings of advisability and Resolution authorizing construction of Water Distribution
              System No. 448-90166 (south of Harry, west of 159th Street East) in the City of Wichita, Kansas,
              pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas,
              presented. Mayans moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer,
              Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.

                                                   RESOLUTION NO. 06-031

              Resolution of findings of advisability and Resolution authorizing construction of Lateral 394, Four Mile
              Creek Sewer (sough of Harry, west of 159 th Street East) 468-84142 in the City of Wichita, Kansas,
              pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas,
              presented. Mayans moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer,
              Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.

                                                   RESOLUTION NO. 06-032

              Resolution of findings of advisability and Resolution authorizing improving Storm Water Darin No.
              288 (south of Harry, west of 159th Street East) 468-84143, in the City of Wichita, Kansas, pursuant to
              findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented.
              Mayans moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gray,
              Martz, Schlapp, Skelton, and Mayans.

                                                   RESOLUTION NO. 06-033

              Resolution of findings of advisability and Resolution authorizing constructing pavement on Rosewood,
              from the east Line of Brookhaven to the west Line of Lot 16, Block 4; Hazel Nut, from the east Line of
              Lot 28, Block 4 to the west Line of Rosewood; Hazel Nut Cir., from the east Line of Rosewood to and
              including the cul-de-sac (Lots 26 through 31, Block 1); Rosewood Ct., from the west line of Rosewood
              to and including the cul-de-sac (Lots 21 through 26, Block 4) (south of Harry, west of 159 th Street East)
              472-84367, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing
              Body of the City of Wichita, Kansas, presented. Mayans moved that the Resolution be adopted.
              Motion carried 7 to 0. Yeas: Brewer, Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.
                   CITY COUNCIL PROCEEDINGS
JOURNAL 185                                   JANUARY 24, 2006                                              PAGE 135


DEEDS/ESMNTS      DEEDS AND EASEMENTS:

                  a)      Sanitary Sewer Easement dated December 16, 2005 from David L. Funston over a tract of land
                          lying over a portion of the E 1/2 of the N 1/2 of the SE 1/4 of Section 34, T27S, R2E, of the
                          6th P.M., Sedgwick County, Kansas, (OCA# 607861). No Cost to City.

                  b)      Utility Easement dated December 27th, 2005 from New Market Square, LTD over a tract of
                          land lying in Block 2, Newmarket Square Phase II, an Addition to the City of Wichita,
                          Sedgwick County, Kansas, (OCA# 607861). No Cost to City.

                  c)      Drainage and Utility Easement dated November 29th, 2005 from Kansas Bait & Tackle, LLC,
                          a Kansas limited liability Company over a tract of land lying in Lot 6, Block 1, North Ridge
                          Village Addition, an Addition to the City of Wichita, Sedgwick County, Kansas, (OCA#
                          607861). No Cost to City.

                  d)      Drainage and Utility Easement dated November 10th, 2005 from Kansas Bait & Tackle, LLC,
                          a Kansas limited liability Company over tracts of land lying in Lots 5 & 6, Block 1, North
                          Ridge Village Addition, an Addition to the City of Wichita, Sedgwick County, Kansas, (OCA#
                          607861). No Cost to City

                  e)      Utility Easement dated November 28, 2005 by International Trading Inc. over a tract of land
                          lying within portions of Lots 31, 32, and 33, Block 4, Woodland Lakes Estates Third Addition,
                          an Addition to the City of Wichita, Sedgwick County, Kansas, (OCA# 607861). No Cost to
                          City.

                  f)      Public Utility Easement dated November 22, 2005 from Groendyke Transport, Inc. over a tract
                          of land lying in Lot 1, Block 2, Bridgeport 3rd Industrial Addition, an Addition to the City of
                          Wichita, Sedgwick County, Kansas, (OCA# 607861). No Cost to City.

                  g)      Public Utility Easement dated November 22, 2005 from Galichia Enterprises, Inc. over a tract
                          of land with a centerline on Lot 1, Block 1, Hinkle's Addition, Sedgwick County, Kansas, and
                          (OCA # 607861). No Cost to City.

                  h)      Utility Easement dated November 14, 2005 from Lakepoint Master Association, and Richard
                          D. Smith over a tract of land lying within a portion of Lot 4, Block 1, and a portion of Reserve
                          "F", Autumn Chase Addition, an Addition to the City of Wichita, Sedgwick County, Kansas,
                          (OCA# 607861). No Cost to City.

                  i)      Utility Easement dated November 14th, 2005 from Greenwich 13, LLC, over a tract of land
                          lying in the Southeast Quarter of Section 9, Township 27 South, Range 2 East of the Sixth
                          Principal Meridian, Sedgwick County, Kansas, (OCA# 744161). No Cost to City

                  j)      Sanitary Sewer Easement dated December 16th, 2005 from Malone Construction, LLC over a
                          tract of land lying in Lot 7, Block E, Rivendale Addition, an Addition to the City of Wichita,
                          Sedgwick County, Kansas (OCA# 620449). No Cost to City.

                  k)      Utility Easement dated November 8, 2005 from Dillion Real Estate Co., Inc. over a tract of
                          land lying in Lot 2, Block 1, Dillion 12th Addition to Sedgwick County, Kansas (OCA#
                          744161). No Cost to City.

                  l)      Utility Easement dated December 12, 2005 from HLK, LLC, a Kansas limited liability
                          company and SRB Kansas, LLC, a Kansas limited liability company, over a portion of Lot 1,
                          Block A, K & B Addition, Wichita, Sedgwick County, Kansas (OCA# 633746). No Cost to
                          City.

Motion--carried   Mayans moved that the documents be accepted. Motion carried 7 to 0.
                   CITY COUNCIL PROCEEDINGS
JOURNAL 185                                     JANUARY 24, 2006                                               PAGE 136


STREET CLOSURE    CONSIDERATION OF STREET CLOSURES/USES.

                  Agenda Report No. 06-0055

                  The Petitions have been signed by one owner representing 100% of the improvement districts.

                  The projects will provide paving, sanitary sewer, drainage and water improvements within a residential
                  development located south of Harry, west of 159th St. East.

                  The Petitions total $806,000. The funding source is special assessments.

                  State Statutes provide that a Petition is valid if signed by a majority of resident property owners or
                  owners of a majority of property in the improvement district.

Motion--          Mayans moved that the Petitions be approved; the Resolutions adopted and the necessary signatures
  --carried       authorized. Motion carried 7 to 0.

CLAIMS            REPORT ON CLAIMS ALLOWED FOR DECEMBER 2005:

                  Name of Claimant                              Amount

                  All Seasons Construction, Inc.                $188.45
                  Brandwyne, Rebecca                            $52.80
                  Cavanaugh, Daniel                             $127.69
                  Endicott, William                             $927.79
                  Kansas Gas Service                            $400.02**
                  Newton, Roger                                 $93.19
                  Thiele, Robert                                $32.14
                  Tompkins, Tyson                               $1,985.15

                  ** Settled for lesser amount than claimed.

Motion--carried   Mayans moved that the file be received. Motion carried 7 to 0.


                  AGREEMENTS/CONTRACTS:

SANITARY SEWER    NORTH AREA SANITARY SEWER-SUPPLEMENTAL AGREEMENT NO. 2.
                  (DISTRICT VI)

                  Agenda Report No. 06-0057

                  On September 14, 2004, the City Council approved a Contract with MKEC Engineering Consultants,
                  Inc. to provide engineering and design services for the North Area Sanitary Sewer. The North Area
                  Sanitary Sewer will serve an area bound by West Street, the Little Arkansas River on the east, one-half
                  mile north of 61st Street and approximately one-forth mile south of 53rd Street North.

                  Staff recommends that an alternative pipe sizing and pipe profile be formulated for purposes of bidding,
                  and if the alternative is selected, use the alternative for construction. Larger pipe sizing and a flatter
                  profile would serve a larger portion of the basin to the west. MKEC Engineering Consultants will do
                  the engineering services required for this option.

                  The cost for the North Sanitary Sewer Area Supplemental Agreement No. 2 is $7,500. The construction
                  of this project will begin in 2006 with funds available in Mains for Future Development (CIP S-5) ,
                  Sewer Utility cash, or future revenue bonds.
                 CITY COUNCIL PROCEEDINGS
JOURNAL 185                                  JANUARY 24, 2006                                             PAGE 137


                The Law Department has reviewed and approved the Supplemental Agreement as to form.

Motion--        Mayans moved that the Supplemental Agreement with MKEC Engineering Consultants, Inc. be
  --carried     approved and the necessary signatures authorized. Motion carried 7 to 0.


CONSULT. FIRM   SELECTION OF CONSULTING FIRM, INTERNATIONAL TRADE PROCESSING CENTER
                STUDY.

                Agenda Report No. 06-0058

                Under the federal 2004 Consolidated Appropriations Act, the City of Wichita received a $1,000,000
                Congressional Earmark for a feasibility study and work plan for an International Trade Processing
                Center. These funds are issued by the Federal Highway Administration and are provided through the
                Kansas Department of Transportation (KDOT) to the City. On March 8, 2005, the City Council
                approved the grant agreement with the Kansas Department of Transportation. The KDOT Agreement
                authorizes the City to select a consultant and implement a feasibility study.

                The City conducted outreach meetings with public and private organizations, including, but not limited
                to: Kansas World Trade Center; Sedgwick County; Regional Economic Area Partnership (REAP);
                Greater Wichita Economic Development Coalition (GWDEC); Visioneering; the Kansas Department of
                Commerce; and the U.S. Department of Commerce. These meetings provided input for the work tasks
                to be undertaken by the consultant.

                Public Notices of the formal competitive Request for Proposal (RFP) were mailed to 28 different local
                and national firms. Issuance of a formal notice of the RFP was published in the Wichita Eagle on
                August 12, 2005 and the Public Notice was posted on the City’s Electronic Procurement web site for
                approximately 1.5 months. The City Manager appointed a formal Screening and Selection Committee
                comprised of City Council Members Bob Martz and Sharon Fearey and City staff from economic
                development, finance, planning and airport. Also included on the Selection Committee were
                representatives from Sedgwick County, Kansas World Trade Center and the Wichita Area Chamber of
                Commerce.

                The Screening and Selection Committee reviewed the proposals and voted to interview the top two
                firms. These firms made detailed presentations to the Screening and Selection Committee on November
                28, 2005. The bids for the two firms were $950,000 for TranSystems and $754,051 for PB Consult, Inc.
                The Screening and Selection Committee requested staff secure additional clarification from
                TranSystems regarding their financial proposal. It was determined that TranSystems had the lowest cost
                base bid at $669,599.50. The Screening and Selection Committee recommends the contract be awarded
                to TranSystems for the base bid and additional services totaling $908,325.

                The Selection Committee believed the TranSystems’ proposal had a much stronger Community
                Outreach Component to help the Wichita Community and South Central Kansas participate more fully
                and provide more meaningful input to the feasibility study. The Selection Committee also indicated the
                TranSystems’ proposal showed an entrepreneurial approach and was much stronger in communication
                and advocacy for South Central Kansas access to international markets. TranSystems also offered to
                solicit additional funding to implement study recommendations.

                The City will coordinate the management of the study and work plan with area groups and the
                consultant will evaluate the economic feasibility and develop a work plan for implementing an
                International Trade Processing Center – a high tech inland processing and distributing Center and
                Warehouse. The consultant will determine the feasibility of such an inland port; identify key partners,
                facility and infrastructure needs/costs, configuration and layout, funding and potential sites, customs
                and security requirements, development costs and other important aspects of such a trade processing
                facility.
                   CITY COUNCIL PROCEEDINGS
JOURNAL 185                                    JANUARY 24, 2006                                            PAGE 138


                  The specific tasks the consultant will undertake include:

                  Ø        Survey user needs and support for a trade processing (and warehousing) center and develop an
                           operations concept based on the survey results;
                  Ø        Create an operational design for a trade processing center and model various physical features
                           and business service offerings based on the survey;
                  Ø        Create a strategy and development plan for a South Central Kansas international trade
                           processing center and related facilities;
                  Ø        Coordinate with other agencies, including governments and organizations, in the development
                           of infrastructure and technology needs;
                  Ø        Identify financial support needed from beneficiaries from the improvement of trade and
                           transportation facilities and operational requirements.

                  The total contract amount will not exceed $908,325. The City has KDOT grant funds of $963,190
                  approved and budgeted for the feasibility study. No local matching funds are required.

                  The contract has been reviewed and approved as to form by the Department of Law.

Motion--          Mayans moved that the contract be approved and the necessary signatures authorized. Motion
  --carried       carried 7 to 0.


BROOKS LANDFILL   BROOKS LANDFILL AIR PUMP PROJECT AMENDMENT NO. 2 WITH CAMP DRESSER
                  AND MCKEE. (DISTRICT VI)

                  Agenda Report No. 06-0059

                  On July 1, 2003 the City Council approved an Agreement between the City and Camp Dresser &
                  McKee (CDM) to provide for engineering services for the development of a permit application for a
                  Title V Air Permit for the Brooks Landfill site. A Change Order dated May 1, 2005 provided for an
                  adjustment to the scope of services at no net cost increase. Amendment No. 1 in the amount of $ 7,500
                  was approved by the City Council on June 14, 2005.

                  Amendment No. 2 provides for additional services by the Consultant (CDM) to prepare the permit
                  mandated New Source Performance Standard (NSPS) report. The NSPS report and the Annual
                  Compliance Certification are both due by January 31, 2006. A Request for Proposals is being prepared
                  to solicit consulting services for the preparation of these reports on an ongoing basis.

                  The total not-to-exceed cost of Amendment No. 2 is $12,500. The cost estimate for the New Source
                  Performance Standard (NSPS) report and the Annual Compliance Certification is $5,000 and $7,500
                  respectively. The original agreement was for $45,200. Amendment No. 2 will bring the total amount
                  of the agreement to $ 65,200.

                  The Law Department has approved Amendment No. 2 as to form.

Motion--          Mayans moved that Amendment No. 2 be approved and the necessary signatures authorized. Motion
  --carried       carried 7 to 0.
                    CITY COUNCIL PROCEEDINGS
JOURNAL 185                                      JANUARY 24, 2006                                               PAGE 139


K-96 BYPASS        AGREEMENT FOR 13TH STREET NORTH FROM K-96 BYPASS TO 159TH STREET EAST.
                   (DISTRICT II)

                   Agenda Report No. 06-0060

                   The Public Works Department for Sedgwick County intends to pave 13th Street from K-96 to 159th
                   Street East, with construction to begin in the first quarter of 2006. Utility adjustments, relocations, and
                   extensions in advance of the Sedgwick County improvement, are necessary. Such utility work includes
                   the design and construction of water lines and sanitary sewers in the area of the paving project.

                   The proposed Agreement between the City and Professional Engineering Consultants, P.A. (PEC)
                   provides for the design of the water lines and sanitary sewer lines necessary to clear the paving project.
                   Construction of the proposed utility work ahead of the paving project will reduce the utility project
                   costs and minimize disruption of the area.

                   Payment to PEC will be on a lump sum basis of $43,500, and will be paid by Water and Sewer Utility.

                   The Agreement has been approved as to form by the Law Department.

Motion--           Mayans moved that the Agreement be approved and the necessary signatures authorized. Motion
  --carried        carried 7 to 0.


SRS ELEC. PYMNTS   SRS ELECTRONIC PAYMENTS FOR PARK RECREATION CENTERS.

                   Agenda Report No. 06-0061

                   The Kansas Department of Social and Rehabilitation Services (SRS) has been offering Electronic
                   Benefit Transfers (EBT) through the Vision Card since 1996. Electronic Benefit Transfers (EBT) has
                   been an efficient method of benefit delivery and has eliminated the need to issue cash assistance checks
                   and paper food coupons. SRS is now mandating that childcare subsidy benefits be added to the EBT
                   program.

                   The State of Kansas has contracted with Efunds Corporation to provide electronic payments for
                   childcare services. The City’s ten recreation centers receive SRS childcare payments primarily through
                   the Summer of Discovery program. It is necessary for the City to enter into an agreement with Efunds
                   Corporation in order to receive childcare payments electronically after September 1, 2005

                   The Park and Recreation Department receives approximately $100,000 each year from the State of
                   Kansas for Child Care Provider services. After September 1, 2005, SRS will only make payments
                   electronically through the Federal Reserve’s automated clearing house (ACH). The City will forego
                   this revenue if the City does not enter into the agreement for electronic childcare payments. Efunds
                   provides a terminal for swiping SRS Vision cards that will assist in reconciliation of bank accounts and
                   tracking of individual payments. The terminals rent for $18/month. Ten recreation centers need the
                   terminals for an ongoing cost of $2,160/year to be paid for by the Park Department.

                   The Department of Law has reviewed and approved the agreements as to form.

Motion--           Mayans moved that the agreements for Electronic Childcare Benefits Distribution be approved and
  --carried        the necessary signatures authorized. Motion carried 7 to 0.
                   CITY COUNCIL PROCEEDINGS
JOURNAL 185                                    JANUARY 24, 2006                                            PAGE 140


                  DESIGN SERVICE AGREEMENTS:

MCCOMAS/FLORA     DOUGLAS FROM MCCOMAS TO FLORA. (DISTRICTS IV AND VI)

                  Agenda Report No. 06-0062

                  The Capital Improvement Program includes funding for a 36” Water Main in Douglas from McComas o
                  Flora.

                  The proposed Agreement between the City and MKEC Engineering Consultants, Inc. (MKEC) provides
                  for the design of the water main in Douglas from McComas to Flora. The Staff Screening and Selection
                  Committee selected MKEC for the design on November 15, 2005.

                  Payment to MKEC will on a lump sum basis of $55,250, and will funded by the Water Utility

                  The Agreement has been approved as to form by the Law Department.

Motion--          Mayans moved that the Agreement be approved and the necessary signatures authorized. Motion
  --carried       carried 7 to 0.


CASA BELLA ADD.   CASA BELLA ADDITION, NORTH OF PAWNEE, WEST OF 127TH STREET EAST.
                  (DISTRICT II)

                  Agenda Report No. 06-0063

                  The City Council approved the water distribution system, sanitary sewer, drainage and paving
                  improvements in Casa Bella Addition on December 20, 2005.

                  The proposed Agreement between the City and Ruggles & Bohm, P.A. (R&B) provides for the design
                  of bond-financed improvements consisting of water distribution system, sanitary sewer, drainage and
                  paving in Casa Bella Addition. Per Administrative Regulation 7a, staff recommends that R&B be hired
                  for this work, as this firm provided the preliminary engineering services for the platting of the
                  subdivision and can expedite plan preparation.

                  Payment to R&B will be on a lump sum basis of $95,000 and will be paid by special assessments.

                  The Agreement has been approved as to form by the Law Department.

Motion--          Mayans moved that the Agreement be approved and the necessary signatures authorized.
  --carried       Motion carried 7 to 0.


                  PROPERTY ACQUISITIONS:

SEWER PROJECT     UTILITY EASEMENT FOR THE NORTH AREA SEWER PROJECT. (DISTRICT V)

                  Agenda Report No. 06-0064

                  On October 21, 2003, the City Council approved the construction of force mains; pump stations, and
                  gravity-flow sewer lines to serve northwest Wichita. The project requires the acquisition of easements
                  on several tracts of land. Five easements remain to be acquired. One of the required easements is
                  across the front of a vacant strip of land owned by the seller.

                  The project requires the acquisition of a fifteen-foot permanent easement and a one hundred foot
                  temporary easement across the east part of the property. The easements and damages to improvements
                  were valued at $2,500. This amount was offered to the property owner and accepted.
                        CITY COUNCIL PROCEEDINGS
JOURNAL 185                                         JANUARY 24, 2006                                               PAGE 141


                       A budget of $3,000 is requested for the acquisition. This amount includes $2,500 for the acquisition
                       and $500 for closing costs and title insurance. The funding source is the sewer utility.

                       The Law Department has approved the contact as to form.

Motion--               Mayans moved that the budget and Real Estate Purchase Contract be approved and the necessary
  --carried            signatures authorized. Motion carried 7 to 0.


2107 N. 135TH ST. W.   UTILITY EASEMENT FOR THE NORTH AREA SEWER PROJECT AT 2107 NORTH 135TH
                       STREET WEST. (DISTRICT V)

                       Agenda Report No. 06-0065

                       On October 21, 2003, the City Council approved the construction of force mains; pump stations, and
                       gravity-flow sewer lines to serve northwest Wichita. The project requires the acquisition of easements
                       on several tracts of land. Five easements remain to be acquired. One of the required easements is
                       across the front of the single-family residence at 2107 North 135th Street West.

                       The project requires the acquisition of a forty-foot permanent easement and a one hundred foot
                       temporary easement across the east part of the property. The construction will require the removal of a
                       shelterbelt of trees and pecan trees and damage the existing septic system. The easements and trees
                       were valued at $20,000. This amount was offered to the property owner and accepted.

                       A budget of $21,000 is requested for the acquisition. This amount includes $20,000 for the acquisition
                       and $1,000 for closing costs and title insurance. The funding source is the sewer utility.

                       The Law Department has approved the contact as to form.

Motion--               Mayans moved that the budget and the Real Estate Purchase Contract be approved and the necessary
  --carried            signatures authorized. Motion carried 7 to 0.


PIPELINE EASMNTS       PIPELINE EASEMENTS AND TEMPORARY EASEMENT FOR INTEGRATED LOCAL
                       WATER SUPPLY PLAN.

                       Agenda Report No. 06-0066

                       On August 3, 1993 the City Council approved the Water Supply Plan prepared by Burns &
                       McDonnell/MKEC Engineering Consultants. The Plan identified cost-effective water resource projects
                       to meet the City’s future water needs. On October 10, 2000 City Council approved the projects and
                       implementation of the plan. One portion of the Water Supply Plan is the groundwater recharge project
                       which includes the capture of above base flow water (water which is generated from rainfall runoff
                       above the base river flow) in the Little Arkansas River, the transfer to and storage of captured water in
                       the aquifer, and the recovery and use of this water to meet future demands for the City of Wichita.

                       Twenty-two sites were identified as necessary for the location of a twenty-four inch water line to serve
                       recharge/recovery wells, recharge well, or recharge basins. Sixteen of the twenty-two have been
                       secured. Two additional landowners (Bergkamp and Beugelsdijk) of the identified sites have agreed to
                       provide the four parcels we sought as pipeline easements and temporary construction easements to the
                       City of Wichita for a respective $10,220, or the equivalent to $1,400 per acre.

                       A budget of $11,420 is requested; this includes $10,220 for acquisition and $1,200 for title work, title
                       insurance and closing costs. Funding for this project is included in the CIP in W-549, Water Supply
                       Plan Phase III, which has an available funding of over $7.6 million
                   CITY COUNCIL PROCEEDINGS
JOURNAL 185                                    JANUARY 24, 2006                                             PAGE 142


                  The Law Department has approved the contracts as to form.

Motion--          Mayans moved that the Budget and the permanent easement be approved and the necessary signatures
  --carried       authorized. Motion carried 7 to 0.


7700 E. KELLOGG   A PORTION OF 7700 EAST KELLOGG FOR THE EAST KELLOGG IMPROVEMENT
                  PROJECT. (DISTRICT II)

                  Agenda Report No. 06-0067

                  A portion of the property at 7700 East Kellogg is required for the planned East Kellogg/Rock Road
                  Improvement Project. The property is improved with the Town East regional shopping mall and several
                  free standing commercial buildings. The proposed improvements require 97,955 square feet. This
                  includes 63,028 square feet of parking along Kellogg, 4,681 square feet of parking along Rock Road
                  and 30,246 square feet of the sites currently occupied by a restaurant and a motel.

                  The land being acquired and the restaurant building were appraised for $4,460,000. This value is for
                  the real estate only and dies not include any costs associated with damage to the remainder of the mall
                  or the cost to reconstruct parking and interior drives. A settlement amount of $5,150,000 has been
                  negotiated with the owner of the mall. In addition, the seller will receive 70,000 square feet of land
                  from City-owned property located adjacent to the mall. Also, Armour Drive from Kellogg to Douglas
                  is to be renamed Town East Mall Drive. This settlement does not include the motel leasehold, which is
                  subject to a separate negotiation.

                  The Capital Improvement Program includes funds for acquisitions. The funding source will be local
                  sales tax revenues. A budget of $5,225,000 is requested. This includes $5,150,000 for the acquisitions,
                  $50,000 for demolition and $25,000 for closing costs, surveys, environmental studies, title insurance
                  and other transaction costs.

                  The Law Department has approved the contracts as to form.

Motion--          Mayans moved that the budget and the real estate purchase contract be approved and the
  --carried       necessary signatures authorized. Motion carried 7 to 0.


(Item 12)
GENESIS           CONTRACT FOR OUTSIDE LEGAL SERVICES-GENESIS HEALTH CLUB, INC. ET AL V.
                  CITY OF WICHITA, CASE NO. 05-CV 3410.

                  Agenda Report No. 06-0068

                  In September of 2005, the City was sued by Genesis Health Club, Inc. and some affiliated businesses in
                  connection with a proposed Industrial Revenue Bond project that never culminated in the issuance of
                  bonds. On September 28, 2005, the City Manager approved a contract with the firm of Hite, Fanning
                  and Honeyman L.L.P. to defend the City in that lawsuit. The maximum payment for fees and expenses
                  in that contract was $24,000.

                  Hite, Fanning & Honeyman has performed substantial legal work in defending the City over the past
                  three months and the maximum amount of fees and expenses set out in the original contract has been
                  met. In order to continue to represent the City adequately in this matter such maximum amount needs
                  to be increased by $50,000..

                  The fees and expenses for the City’s defense of this lawsuit will be paid out of the Economic
                  Development fund.
                       CITY COUNCIL PROCEEDINGS
JOURNAL 185                                         JANUARY 24, 2006                                                PAGE 143


                      The amendment to the original contract for legal services was drafted and approved as to form by the
                      Law Department.

Mayor Mayans          Mayor Mayans stated that he pulled this item because he will be voting no. Stated that there is no clear
                      path regarding this item and disagreed with the request for more money and using outside legal counsel.

Council Member Gray   Council Member Gray stated that he would like to explain why he will be voting to approve the
                      amendment to the contract. Stated that when the City is being sued, it should take full defense of itself.
                      Stated that outside counsel has the area of expertise where we do not. Stated that he does not concur
                      with the idea of not needing outside legal services and feels that we have the funding for this.

Gary Rebenstorf       Director of Law explained that there are allegations presented against the City and that the City
                      Attorney is a significant fact witness in this case. Stated that he or his office cannot represent the City
                      in this case from a legal and ethical standpoint.

Motion--              Mayans moved that the amendment to the contract, increasing the maximum amount of fees and
                      expenses that may be paid thereunder to $74,000 be approved and the necessary signatures
  --carried           authorized. Motion carried 6 to 1, (Mayans-no).


CESSNA AIRCRAFT       CONVEYANCE OF EQUIPMENT, CESSNA AIRCRAFT COMPANY.
                      (DISTRICTS III AND IV)

                      Agenda Report No. 06-0069

                      On December 14, 2004, the City Council approved the issuance of Industrial Revenue Bonds (Series
                      VIII, 2004) in the amount of $51,800,000, for the purpose of purchasing, acquiring, constructing and
                      installing an industrial and commercial facility for the benefit of Cessna Aircraft Company. Included in
                      the property financed by the 2004 Bonds is certain tooling used to develop prototypes of the new
                      Mustang aircraft. On December 1, 2005, the City of Wichita received notice from Cessna Aircraft
                      Company of its intention to exercise its option to purchase a portion of the Project consisting of the
                      Mustang Tooling and to redeem and pay a like amount of principal of the Series VIII Bonds, in order to
                      facilitate relocation of the tooling to Independence, Kansas.

                      Pursuant to the terms of Article VIII of the Lease, Cessna Aircraft Company has notified the City of its
                      intent to exercise its option to purchase the Tooling. The City has been advised by Bond Counsel that
                      Cessna has the right to obtain release of this property.

                      There is no financial impact to the City resulting from the requested change. The purchase price is
                      $1,000 and other considerations as listed under the provision of the Lease Agreement.

                      The City Attorney’s office has reviewed and approved the Resolution and all necessary documents as to
                      form.

Motion--              Mayans moved that the Resolution waiving the notice provisions of the Lease, and authorizing
                      Supplemental Indenture the Bill of Sale and execution and delivery of a partial release of 14th
                      Supplemental Lease and for the purpose of releasing the Tooling from the Lease and Indenture be
  --carried           adopted and the necessary signatures authorized. Motion carried 7 to 0.

                                                           RESOLUTION NO. 06-034

                      A Resolution of the City of Wichita, Kansas, authorizing redemption and payment of a portion of
                      taxable Industrial Revenue Bonds, Series VIII, 2004 (Cessna Aircraft Company); approving optional
                      purchase of certain bond-financed property; authorizing execution of Bill of Sale, Partial Release of the
                      14th Supplemental Lease, Partial Release of 14th Supplemental Indenture and all such other documents
                      necessary to convey title to such property, presented. Mayans moved that the Resolution be adopted.
                      Motion carried 7 to 0. Yeas: Brewer, Fearey, Gray, Martz, Schlapp, Skelton, Mayans.
                         CITY COUNCIL PROCEEDINGS
JOURNAL 185                                           JANUARY 24, 2006                                              PAGE 144


(Item 14)
HUMATEC                 CONTRACT WITH HUMATEC.

                        Agenda Report No. 06-0070

                        The City has retained the engineering firm of NS Ventures, Ltd. d/b/a Humatec, through its employees,
                        William N. Nelson, Stephan P. Buckley and Mark A. Heidebrecht, to provide professional advice and
                        expert witness services for the city in pending civil rights litigation involving the Wichita Police
                        Department.

                        The original contract provided for compensation not to exceed $20,000. An additional $25,000 was
                        authorized by resolution in October 2005. The additional amount is necessary for continued
                        professional examination of the engineering aspects of the case, in preparation for trial and for services
                        related to testimony as expert witnesses. This will be the second amendment to the contract. The Law
                        Department recommends acceptance of the contract. The additional sums are necessary for the
                        representation in city litigation matters and are reasonable in amount.

                        Funding for this contract is from the Self-Insurance Fund.

                        The Amendment to the Agreement has been prepared and approved as to form by the Department of
                        Law.

Mayor Mayans            Mayor Mayans stated that staff had not talked to him about this item and that it was not discussed in
                        Executive Session. Stated that he will be voting no on this item because no one has visited with him on
                        it.

Council Member Fearey   Council Member Fearey stated that she thought this item has been discussed in Executive Session.

Gary Rebenstorf         Director of Law stated that it had been discussed in Executive Session at the last City Council Meeting.

Motion--                Fearey moved that the amendment to the agreement between the City and NS Ventures, Ltd. d/b/a
                        Humatec to authorize payment of an additional sum of $60,000 for the provision of additional
                        consulting services in 2006, together with any necessary fund transfers be approved and the Mayor
  --carried             authorized to execute the contract. Motion carried 6 to 1, (Mayans-no).


COUNCIL GOALS           2006-2007 CITY COUNCIL GOALS.

                        Agenda Report No. 06-0071

                        The City Council and staff participated in a Strategic Opportunities Retreat in November 2005. During
                        the retreat, the group developed and prioritized a list of 2006-2007 goals for the City of Wichita. The
                        goals were further refined by staff and presented to the City Council in a workshop on January 10,
                        2006.

                        The following goals are recommended for approval by the City Council:
                        ·        Provide a safe and secure community
                        ·        Promote economic vitality and affordable living
                        ·        Ensure efficient infrastructure
                        ·        Enhance quality of life
                        ·        Support a dynamic core area and vibrant neighborhoods

Motion--carried         Mayans moved that the 2006-2007 goals be approved. Motion carried 7 to 0.
                   CITY COUNCIL PROCEEDINGS
JOURNAL 185                                     JANUARY 24, 2006                                                PAGE 145


2006 STREET MAINT PROPOSED 2006 CONTRACTED STREET MAINTENANCE PROGRAM.

                  Agenda Report No. 06-0072

                  Each year, funding is allocated in the City’s budget for contracted repairs and resurfacing of City
                  streets. The Contracted Street Maintenance Programs provide maintenance work including concrete
                  repairs, curb and gutter repairs, bridge repairs, crack repairs, and asphalt surface treatments of city
                  streets. The Street Maintenance budget is the primary funding source for this program.

                  The 2006 Budget, approved by the City Council in August, provides for the following funding levels
                  for contracted street repairs:

                  Street Maintenance Budget                                        $ 4,918,910
                  Capital Investment Maintenance Program (General Fund)                762,400

                  Total Contracted Street Maintenance Program                      $ 5,681,310

                  The City of Wichita is responsible for maintenance of over 1,660 miles of paved streets, and 100 miles
                  of dirt streets. In addition, the City maintains 285 bridges and 30 pedestrian bridges. The Department
                  of public works utilizes a computerized Pavement Management System (PMS) to assess the street
                  conditions throughout the City, and prioritize needed repairs. Staff uses this information, along with
                  citizen input and CIP planning documents, to develop the maintenance programs.

                  The 2006 program will provide repairs to approximately 12 miles of arterial streets and 24 miles of
                  residential streets. The arterial street work will focus on concrete repairs, crack repairs, and asphalt
                  resurfacing. Residential street work will consist of concrete repairs, crack repairs, and asphalt
                  resurfacing. Two bridges are also scheduled for bridge deck rehabilitation.

                  Attached are listings of proposed locations for each City Council District, as well as a City map of
                  locations in the 2006 program. Expenditures are balanced so that funds are equally distributed among
                  the six City Council Districts.

                  The proposed total expenditure for Contracted Street Maintenance Programs is $5,681,310. Funds have
                  been approved in the 2006 Budget for these programs.

Motion--carried   Mayans moved that the programs be approved. Motion carried 7 to 0.


G.R.E.A.T.        G.R.E.A.T. (GANG RESISTANCE EDUCATION AND TRAINING) GRANT.

                  Agenda Report No. 06-0073

                  The U.S. Department of Justice Office of Justice Programs announced a competitive grant opportunity
                  available to local law enforcement agencies to support the implementation of the G.R.E.A.T. Program.
                  The G.R.E.A.T. Program is a school-based violence prevention curriculum. G.R.E.A.T. lessons, are
                  taught by law enforcement officers, and focus on providing life skills to students to help avoid
                  delinquent behavior and violence to solve problems. The G.R.E.A.T. program is designed to produce
                  attitude and behavior change through a unique combination of skills training, cooperative learning,
                  discussion and role-playing. Deadline for grant applications is February 2, 2006.

                  The G.R.E.A.T. Program will address the Wichita School District’s goal of providing a safe learning
                  environment as well as meet two of Wichita Police Department’s goals and objectives regarding the
                  2004 Gang Plan Response Prevention and Intervention Actions:
                  ·       The department will collaborate with USD 259 to integrate the G.R.E.A.T. program into the
                          school curriculum. This program will be presented during summer activities and by School
                          Resource Officers (SROs) next school year.
                  ·       SROs will plan a joint education meeting involving USD 259 parents, students, gang unit
                          officers and the District Attorney.
                       CITY COUNCIL PROCEEDINGS
JOURNAL 185                                        JANUARY 24, 2006                                            PAGE 146


                      Grant funding is requested in the amount not to exceed $100,000 from the U.S. Department of Justice
                      Office of Justice Programs. This grant does require a 10% ($10,000) in-kind match of the federal funds
                      received, which will be met through City SROs personnel time dedicated to teaching G.R.E.A.T.

Motion--              Mayans moved that the grant application be approved and the necessary signatures authorized.
  --carried           Motion carried 7 to 0.


(Item 18)
EAST/WEST BANK        REVIEW OF LAND USE PROPOSALS FOR URBAN RENEWAL PROPERTY ON THE EAST
                      AND WEST BANK OF THE RIVER.

                      Agenda Report No. 06-0074

                      On November 19, 2005, the City published a 30-day notification inviting competing redevelopment
                      proposals for the Boathouse and West Bank properties under the Urban Renewal regulations for public
                      owned property. The City received 5 proposals for the Boathouse and 1 proposal for the West Bank by
                      the December 19, 2005 deadline.

                      The City Council took action on January 26, 1993 to lease land to the Arkansas River Foundation to
                      renovate the former Senior Center facility for a proposed boathouse with various boating activities that
                      included the Wichita Rowing Association, the Wichita Sailing Club, Wichita State University Crew,
                      RiverKids, and Canoe and Kayak Club. The lease agreement allowed William Koch and supporters of
                      the Boathouse project to contribute funds to the Arkansas River Foundation to renovate the Senior
                      Center facility into a recreated Boathouse that resembled the 1920 facility located near the Murdock
                      Street Bridge. The City was obligated to reimburse Community Development Block Grant proceeds for
                      the Boathouse property that was subject to H.U.D. regulations for non-eligible CDBG uses. The current
                      philosophy of the City Council is not to sell river corridor land, but considered leasing ground for
                      public uses as it has in the past.

                      In August of 1997, the City Council took action to reclaim ownership of the Boathouse property from
                      the Arkansas River Foundation and agreed to take over the facility operations and maintenance of the
                      “Jayhawk” yacht that Mr. Koch donated to the City. Beginning in January 1998, the City made
                      significant capital improvements to the Boathouse and has continued to maintain the facility after
                      suspending daily operations in December 2004. From 1998-2004, the Boathouse operated at an average
                      loss of $31,000 per year. In 2005, the Boathouse was vacant and will remain vacant in 2006. It is
                      possible that the Boathouse could resume future functions in 2007 once public improvements within the
                      WaterWalk Development are completed to properly assess parking needs for the facility as well as the
                      need to address ADA issues that currently exist with the removal of the annex addition.

                      On January 10, 2006 at a City Council Workshop, staff made a presentation on the Boathouse and West
                      Bank redevelopment proposals and received a general consensus from the City Council to defer taking
                      any immediate actions on the redevelopment proposals.

                      A revised copy of WaterWalk Development Master Plan and copy of the Boathouse and West Bank
                      proposals matrix is attached with this agenda report for you to review.

Mayor Mayans          Mayor Mayans stated that he feels that the Council should not consider proposals for tearing down the
                      Boathouse. Stated that he is not in favor of tearing it down but to lease the facility and turning the
                      utilities back on.

George Kolb           City Manager stated that he was following the consensus of the Council regarding the east bank
                      proposals

Council Member Gray   Council Member Gray stated that he is in favor of supporting the effort of moving forward with the
                      west bank project but asked that we pursue something other than a $1.00 a year lease. Stated that it
                      would be more prudent to reject the proposals now and resubmit them to more coincide with the use of
                      the facility than to tear it down.
                         CITY COUNCIL PROCEEDINGS
JOURNAL 185                                          JANUARY 24, 2006                                              PAGE 147


Council Member Fearey   Council Member Fearey suggested a compromise that would reject the proposals that involve the sale or
                        demolition of the Boathouse and to save the two proposals to lease the facility.

Mayor Mayans            Mayor Mayans stated that it would appear better to reject all of the proposals and not just some of them.

Gary Rebenstorf         Director of Law stated that this would be more of a policy decision for the Council to make than a legal
                        issue.

Council Member Gray     Council Member Gray stated that it would be cleaner to reject all of the proposals and then re-solicit
                        new ones when the time is appropriate.

Motion--                Gray moved to authorize the Manager to notify each participant in the land use redevelopment proposal
                        process for the urban renewal property on the east bank of the river that all proposals have been rejected
                        and authorize the City Manager to begin preliminary discussions with the proposer of the west bank
  --carried             redevelopment proposal. Motion carried 7 to 0.


REAP DUES               REGIONAL ECONOMIC AREA PLANNING, (REAP) MEMBERSHIP DUES.

                        Agenda Report No. 06-0094

                        The Regional Economic Area Partnership (REAP) is an organization whose membership includes 32
                        municipalities and county governments in Butler, Cowley, Harvey, Kingman, Reno, Sedgwick and
                        Sumner counties. The City of Wichita has participated as a member of REAP since 1997. Currently,
                        Mayor Mayans serves as the City of Wichita representative to REAP, with Council member Martz as
                        the alternate.

                        REAP activities are funded in part with assessments upon the members. The fee is calculated based on
                        the size of the entity and a per capita assessment. At the December REAP meeting, the proposed 2006
                        Work Plan and the budget were approved by the REAP governing body. The 2006 Work Plan includes
                        supporting partnerships with the State of Kansas to maintain affordable air fares through and from
                        Wichita’s Mid-Continent Airport and identifying opportunities for the South Central Kansas region to
                        take advantage of geographic location and economic resources to enhance economic development.
                        Under the membership formula, the assessment for the City of Wichita is $26,050.

                        The 2006 Adopted Budget includes funding for REAP membership in the non-departmental
                        memberships line item.

                        As a legally recognized entity, REAP may assess membership dues based on a vote of a majority of its
                        members cities and approved by the respective governing bodies.

Motion--carried         Mayans moved that the payment of membership dues to REAP be approved. Motion carried 7 to 0.
               CITY COUNCIL PROCEEDINGS
JOURNAL 185                             JANUARY 24, 2006                                              PAGE 148


ORDINANCES    SECOND READING ORDINANCES: (FIRST READ JANUARY 10, 2006).

              a)    Sidewalk Repair and Sidewalk Cleaning Assessment Program. (Districts I, II, III, IV, V)

                                               ORDINANCE NO. 46-876

                             1. An Ordinance making a special assessment to pay for the improvement of and
                    providing a tax levy for the cost of construction of sidewalks repair in the City of Wichita,
                    Kansas, read for the second time. Mayans moved that the Ordinance be placed upon its
                    passage and adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gray, Martz, Schlapp,
                    Skelton, and Mayans.

                                               ORDINANCE NO. 46-877

                             2. An Ordinance making a special assessment to pay for the improvement of and
                    providing a tax levy for the cost of sidewalk cleaning in the City of Wichita, Kansas, read for
                    the second time. Mayans moved that the Ordinance be placed upon its passage and adopted.
                    Motion carried 7 to 0. Yeas: Brewer, Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.

              b)    29th Street North Improvement, from Tyler to Ridge. (District V)

                                               ORDINANCE NO. 46-878

                    An Ordinance amending Ordinance No. 46-121 of the City of Wichita, Kansas declaring 29th
                    St. North, between Tyler and Ridge (472-83903) to be a main trafficway within the City of
                    Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main
                    trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and
                    the manner of payment of same, read for the second time. Mayans moved that the Ordinance
                    be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gray,
                    Martz, Schlapp, Skelton, and Mayans.

              c)    Central and Oliver Intersection Improvement. (Districts I & II)

                                               ORDINANCE NO. 46-879

                    An Ordinance declaring the Intersection of Central and Oliver (472-84362) to be a main
                    trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing
                    certain improvements to said main trafficway; and setting forth the nature of said
                    improvements, the estimated costs thereof, and the manner of payment of same, read for the
                    second time. Mayans moved that the Ordinance be placed upon its passage and adopted.
                    Motion carried 7 to 0. Yeas: Brewer, Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.
               CITY COUNCIL PROCEEDINGS
JOURNAL 185                            JANUARY 24, 2006                                            PAGE 149


              d)   Pawnee Improvement, between 119th Street West and Maize. (District IV)

                                             ORDINANCE NO. 46-880

                   An Ordinance declaring Pawnee between 119th Street West and Maize (472-84357) to be a
                   main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing
                   certain improvements to said main trafficway; and setting forth the nature of said
                   improvements, the estimated costs thereof, and the manner of payment of same, read for the
                   second time. Mayans moved that the Ordinance be placed upon its passage and adopted.
                   Motion carried 7 to 0. Yeas: Brewer, Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.

              e)   Amendment to SBA Microloan Agreement.

                                             ORDINANCE NO. 46-881

                   An Ordinance of the City of Wichita, Kansas (the “City”), authorizing the execution of a
                   contract amendment to the SBA Microloan Agreement between the City of Wichita and South
                   Central Kansas Economic Development District, Inc., read for the second time. Mayans
                   moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0.
                   Yeas: Brewer, Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.

              f)   DR2005-15-Request for a Street Name Change from 31st Street North to Toben, located on the
                   west side of Webb Road and south of 37th Street North. (District II)

                                             ORDINANCE NO. 46-882

                   An Ordinance changing a street name from 31st Street North to Toben, read for the second
                   time. Mayans moved that the Ordinance be placed upon its passage and adopted. Motion
                   carried 7 to 0. Yeas: Brewer, Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.

              g)   DR2005-00023-Zone Change from Limited Industrial to Central Business District. Generally
                   located between St. Francis Avenue, William Street, BNSF railroad right-of-way, one-half
                   block east of Commerce Street and Kellogg. (District I)

                                             ORDINANCE NO. 46-883

                   An Ordinance changing the zoning classifications or districts of certain lands located in the
                   City of Wichita, Kansas, under the authority granted by the Wichita-Sedgwick County Unified
                   Zoning Code, Section V-C, as adopted by City of Wichita Code Section 28.04.21, read for the
                   second time. Mayans moved that the Ordinance be placed upon its passage and adopted.
                   Motion carried 7 to 0. Yeas: Brewer, Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.
                   (DR2005-00023)
               CITY COUNCIL PROCEEDINGS
JOURNAL 185                           JANUARY 24, 2006                                            PAGE 150


              h)   DR2005-00024-Zone Change - generally bounded by a line beginning at the intersection of
                   Washington Avenue and Second Street North, thence east along Second Street North to I-135,
                   thence south along the west right of way to the southern boundary of the Kansas Food Bank
                   Warehouse Addition, thence west on said boundary to Minneapolis Street, thence north to an
                   east/west alley, thence west along said alley to Kansas Avenue, thence south to an east/west
                   alley, thence west to Hydraulic, thence south along Hydraulic Avenue to Waterman Street,
                   thence west along Waterman to the BNSF railroad right-of-way, thence north to Douglas
                   Avenue, thence east to Washington Avenue, and thence north to the point of beginning.
                   (District I)

                                                      ORDINANCE NO. 46-884

                   An Ordinance changing the zoning classifications or districts of certain lands located in the
                   City of Wichita, Kansas, under the authority granted by the Wichita-Sedgwick County Unified
                   Zoning Code, Section V-C, as adopted by City of Wichita Code Section 28.04.21, read for the
                   second time. Mayans moved that the Ordinance be placed upon its passage and adopted.
                   Motion carried 7 to 0. Yeas: Brewer, Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.
                   (DR2005-00024)

              i)   DR2005-00033-Zone Change - area beginning at the intersection of Waterman Street and
                   Washington Avenue, thence south on Washington Avenue to Kellogg, thence west on Kellogg
                   approximately 750 feet to the boundary of the BNSF railroad right-of-way/terminal, thence
                   north to Waterman Street, and thence east to Washington Avenue. (District I)

                                                      ORDINANCE NO. 46-885

                   An Ordinance changing the zoning classifications or districts of certain lands located in the
                   City of Wichita, Kansas, under the authority granted by the Wichita-Sedgwick County Unified
                   Zoning Code, Section V-C, as adopted by City of Wichita Code Section 28.04.21, read for the
                   second time. Mayans moved that the Ordinance be placed upon its passage and adopted.
                   Motion carried 7 to 0. Yeas: Brewer, Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.
                   (DR2005-00033)

              j)   A06-01R-generally located southwest of the intersection of 29th Street North and West Street.
                   (District V)

                                                      ORDINANCE NO. 46-886

                   An Ordinance including and incorporating certain blocks, parcels, pieces and tracts of land
                   within the limits and boundaries of the City of Wichita, Kansas, read for the second time.
                   Mayans moved that the Ordinance be placed upon its passage and adopted. Motion carried 7
                   to 0. Yeas: Brewer, Fearey, Gray, Martz, Schlapp, Skelton, and Mayans. (A06-01)

              k)   A06-02R-generally located to the south of 29th Street North, between Greenwich Road and
                   127th Street East. (District II)

                                                      ORDINANCE NO. 46-887

                   An Ordinance including and incorporating certain blocks, parcels, pieces and tracts of land
                   within the limits and boundaries of the City of Wichita, Kansas, read for the second time.
                   Mayans moved that the Ordinance be placed upon its passage and adopted. Motion carried 7
                   to 0. Yeas: Brewer, Fearey, Gray, Martz, Schlapp, Skelton, and Mayans. (A06-02)
                   CITY COUNCIL PROCEEDINGS
JOURNAL 185                                    JANUARY 24, 2006                                             PAGE 151


                  PLANNING AGENDA

Motion--carried   Mayans moved that the Planning Consent items be approved as presented. Motion carried 7 to 0.

DED2005-30        DED2005-30-DEDICATION OF A UTILITY EASEMENT, LOCATED EAST OF HOOD AND
                  SOUTH OF 29TH STREET NORTH. (DISTRICT VI)

                  Agenda Report No. 06-0075

                  Staff Recommendation: Accept the Dedication.
                  MAPC Recommendation: Accept the Dedication. (10-1)

                  This Dedication was included with all the plats on the Consent Agenda for the January 5, 2006 MAPC
                  meeting. The negative vote indicated a Commissioner’s concern regarding drainage plans for plats.

                  This Dedication is associated with a lot split case (SUB 2005-110). The Dedication is for construction
                  and maintenance of public utilities.

                  The Dedication has been reviewed and approved by the Planning Commission.

                  The Dedication will be recorded with the Register of Deeds.

Motion--carried   Mayans moved that the Dedication be accepted. Motion carried 7 to 0.


DED2005-31        DED2005-31-DEDICATION OF A SIDEWALK AND UTILITY EASEMENT FOR PROPERTY
                  LOCATED EAST OF HOOD AND SOUTH OF 29TH STREET NORTH. (DISTRICT VI)

                  Agenda Report No. 06-0076

                  Staff Recommendation: Accept the Dedication.
                  MAPC Recommendation: Accept the Dedication. (9-0)

                  This Dedication is associated with a lot split case (SUB 2005-131), and is being dedicated for
                  construction and maintenance of a sidewalk and public utilities

                  This Dedication has been reviewed and approved by the Planning Commission.

                  The Dedication will be recorded with the Register of Deeds.

Motion--carried   Mayans moved that the Dedication be accepted. Motion carried 7 to 0.
                   CITY COUNCIL PROCEEDINGS
JOURNAL 185                                    JANUARY 24, 2006                                            PAGE 152


DED2005-32        DED2005-32-DEDICATION OF ACCESS CONTROL FOR PROPERTY LOCATED WEST OF
                  MAIZE ROAD AND ON THE SOUTH SIDE OF 21ST STREET NORTH. (DISTRICT V)

                  Agenda Report No. 06-0077

                  Staff Recommendation: Accept the Dedication.
                  MAPC Recommendation: Accept the Dedication. (9-0)

                  This Dedication is associated with a lot split case (SUB 2005-107). The Dedication is for access
                  control, except for one opening, along 21st Street.

                  The Dedication has been reviewed and approved by the Planning Commission.

                  The Dedication will be recorded with the Register of Deeds.

Motion--carried   Mayans moved that the Dedication be accepted. Motion carried 7 to 0.


DED2005-33        DED2005-33-CONTINGENT DEDICATION OF STREET RIGHT-OF-WAY AND DED 2005-
                  34-DEDICATION OF A UTILITY EASEMENT, LOCATED EAST OF SENECA AND NORTH
                  OF 31ST STREET SOUTH. (DISTRICT IV)

                  Agenda Report No. 06-0078

                  Staff Recommendation: Accept the Dedications.
                  MAPC Recommendation: Accept the Dedications. (10-1)

                  These Dedications were included with all the plats on the Consent Agenda for the January 5, 2006
                  MAPC meeting. The negative vote indicated a Commissioner’s concern regarding drainage plans for
                  plats.

                  The Dedications are associated with a lot split case (SUB 2005-125). The Dedications are for
                  additional street right-of-way along Diane Street (contingent upon the widening of Diane Street), and
                  for construction and maintenance of public utilities.

                  The Dedications have been reviewed and approved by the Planning Commission.

                  The Dedications will be recorded with the Register of Deeds.

Motion--carried   Mayans moved that the Dedications be accepted. Motion carried 7 to 0.


DED2005-35        DED2005-35-DEDICATION OF STREET RIGHT-OF-WAY; DED2005-36-DEDICATION OF
                  ACCESS CONTROL; DED2005-37-DEDICATION OF ACCESS CONTROL AND DED2005-38-
                  DEDICATION OF STREET RIGHT-OF-WAY, FOR PROPERTY LOCATED SOUTH OF
                  PAWNEE AND WEST OF MERIDIAN. (DISTRICT IV)

                  Agenda Report No. 06-0079

                  Staff Recommendation: Accept the Dedications.
                  MAPC Recommendation: Accept the Dedications. (10-1)

                  These Dedications were included with all the plats on the Consent Agenda for the January 5, 2006
                  MAPC meeting. The negative vote indicated a Commissioner’s concern regarding drainage plans for
                  plats.
                   CITY COUNCIL PROCEEDINGS
JOURNAL 185                                     JANUARY 24, 2006                                               PAGE 153


                  The Dedications are associated with a lot split case (SUB 2005-111), and are being dedicated for street
                  right-of-way along Pawnee Avenue and complete access control, except for one opening, along Pawnee
                  Avenue.

                  The Dedications have been reviewed and approved by the Planning Commission.

                  The Dedications will be recorded with the Register of Deeds.

Motion--carried   Mayans moved that the Dedications be accepted. Motion carried 7 to 0.


SUB2004-123       SUB2004-123-PLAT OF KOKER ADDITION, LOCATED NORTH OF CENTRAL AND ON
                  THE WEST SIDE OF 119TH STREET WEST. (DISTRICT V)

                  Agenda Report No. 06-0080

                  Staff Recommendation: Approve the plat.
                  MAPC Recommendation: Approve the plat. (12-0)

                  This site, consisting of 13 lots on 2.25 acres, is located with Wichita’s city limits and is zoned SF-5,
                  Single-Family Residential District.

                  Petitions, 100 percent, and a Certificate of Petitions have been submitted for water and paving
                  improvements. Restrictive Covenants have been submitted to: 1) create a Lot Owners’ Association for
                  the ownership and maintenance of the proposed reserves being platted for drainage purposes; 2) provide
                  four off-street parking spaces per dwelling unit on each lot that abuts a 32-foot street; and 3) outline
                  restrictions for lot-owner use for platting of narrow street right-of-way with adjacent 15-foot street
                  drainage and utility easements. A Drive Approach Closure Certificate was submitted requiring the
                  closure of any existing drive approaches on 119th Street West located within the area of complete
                  access control. An Off-site Drainage Agreement has also been provided.

                  This plat has been reviewed and approved by the Planning Commission, subject to conditions and
                  recording within 30 days.

                  The Certificate of Petitions and Restrictive Covenant will be recorded with the Register of Deeds.

Motion--          Mayans moved that the documents and plat be approved and the necessary signatures authorized.
  --carried       Motion carried 7 to 0.

                                                       RESOLUTION NO. 06-042

                  Resolution of findings of advisability and Resolution authorizing construction of Water Distribution
                  System No. 448-90167 (north of Central. West of 119th Street West) in the City of Wichita, Kansas,
                  pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas,
                  presented. Mayans moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer,
                  Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.

                                                       RESOLUTION NO. 06-043

                  Resolution of findings of advisability and Resolution authorizing construction of Lateral 511,
                  Southwest Interceptor Sewer (north of Central, west of 119 th Street West) 468-84145, in the City of
                  Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of
                  Wichita, Kansas, presented. Mayans moved that the Resolution be adopted. Motion carried 7 to 0.
                  Yeas: Brewer, Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.
               CITY COUNCIL PROCEEDINGS
JOURNAL 185                                 JANUARY 24, 2006                                              PAGE 154


                                                   RESOLUTION NO. 06-044

              Resolution of findings of advisability and Resolution authorizing constructing pavement on North 119 th
              Court west, from 119th Street West, west to and including the turnaround and Hammerheads (north of
              Central, west of 119th Street West) 472-84380, in the City of Wichita, Kansas, pursuant to findings of
              advisability made by the Governing Body of the City of Wichita, Kansas, presented. Mayans moved
              that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gray, Martz, Schlapp,
              Skelton, and Mayans.


SUB2004-131   SUB2004-131-PLAT OF WILSON MEADOW ADDITION, LOCATED SOUTH OF 53RD
              STREET NORTH AND EAST OF SENECA. (DISTRICT VI)

              Agenda Report No. 06-0081

              Staff Recommendation: Approve the plat.
              MAPC Recommendation: Approve the plat. (13-0)

              This site, consisting of three lots on 4.54 acres, is located within Wichita’s city limits and is zoned SF-
              5, Single-family Residential District. The City Environmental Health Department has approved this site
              for on-site sewerage facilities.

              A Petition, 100 percent, and a Certificate of Petition have been submitted for sanitary sewer
              improvements.

              This plat has been reviewed and approved by the Planning Commission, subject to conditions and
              recording within 30 days.

              The Certificate of Petition will be recorded with the Register of Deeds.

Motion--      Mayans moved that the document and plat be approved; the necessary signatures authorized and the
  --carried   Resolution adopted. Motion carried 7 to 0.

                                                   RESOLUTION NO. 06-045

              Resolution of findings of advisability and Resolution authorizing construction of Lateral 115, Sanitary
              Sewer No.23 (south of 53rd Street North, east of Seneca) 468-84001, in the City of Wichita, Kansas,
              pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas,
              presented. Mayans moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer,
              Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.


SUB2005-109   SUB2005-109-PLAT OF EMERALD BAY ESTATES ADDITION, LOCATED ON THE WEST
              SIDE OF WEST STREET AND NORTH OF 21ST STREET NORTH. (DISTRICT V)

              Agenda Report No. 06-0082

              Staff Recommendation: Approve the plat.
              MAPC Recommendation: Approve the plat. (12-0)

              This site, consisting of 63 lots on 113.47 acres, has recently been annexed into Wichita’s city limits.
              This site is zoned SF-5, Single-Family Residential District.

              Petitions, 100 percent, and a Certificate of Petitions have been submitted for paving, sewer, water and
              drainage improvements. Restrictive Covenants were submitted to: 1) create a Lot Owners’ Association
              for the ownership and maintenance of the proposed reserves being platted for drainage purposes; and 2)
              provide four off-street parking spaces per dwelling unit on each lot that abuts a 58-foot street. An
              Emergency Access Easement has also been submitted.
               CITY COUNCIL PROCEEDINGS
JOURNAL 185                                JANUARY 24, 2006                                              PAGE 155


              This plat has been reviewed and approved by the Planning Commission, subject to conditions and
              recording within 30 days.

              The Certificate of Petitions, Restrictive Covenants and Emergency Access Easement will be recorded
              with the Register of Deeds.

Motion--      Mayans moved that the documents and plat be approved; the necessary signatures authorized and
  --carried   the Resolutions adopted. Motion carried 7 to 0.

                                                  RESOLUTION NO. 06-035

              Resolution of findings of advisability and Resolution authorizing construction of Water Distribution
              System No. 448-90161 (west of West Street, north of 21st Street) in the City of Wichita, Kansas,
              pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas,
              presented. Mayans moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer,
              Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.

                                                  RESOLUTION NO. 06-036

              Resolution of findings of advisability and Resolution authorizing construction Water Distribution
              System No. 448-90162 (west of West Street, north of 21st Street) in the City of Wichita, Kansas,
              pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas,
              presented. Mayans moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer,
              Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.

                                                  RESOLUTION NO. 06-037

              Resolution of findings of advisability and Resolution authorizing construction of Lateral 1, Main 23,
              Southwest interceptor Sewer (west of West Street, north of 21 st Street) 468-84139, in the City of
              Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of
              Wichita, Kansas, presented. Mayans moved that the Resolution be adopted. Motion carried 7 to 0.
              Yeas: Brewer, Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.

                                                  RESOLUTION NO. 06-038

              Resolution of findings of advisability and Resolution authorizing improving Storm Water Drain No.
              286 (west of West Street, north of 21st Street) 468-84140, in the City of Wichita, Kansas, pursuant to
              findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented.
              Mayans moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gray,
              Martz, Schlapp, Skelton, and Mayans.

                                                  RESOLUTION NO. 06-039

              Resolution of findings of advisability and Resolution authorizing construction of Main 23, Southwest
              Interceptor Sewer (west of West Street, north of 21 st Street) 468-84141, in the City of Wichita, Kansas,
              pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas,
              presented. Mayans moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer,
              Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.

                                                  RESOLUTION NO. 06-040

              Resolution of findings of advisability and Resolution authorizing constructing pavement on Bayside
              Ct., from the west line of West Street to and including the cul-de-sac; Bayside, from the north line of
              bayside Ct. to the north line of Paradise; Paradise/Paradise Ct., from the south line of Emerald Estates
              Addition to and including the cul-de-sac (west of West Street, north of 21st Street) 472-84364, in the
              City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City
              of Wichita, Kansas, presented. Mayans moved that the Resolution be adopted. Motion carried 7 to 0.
              Yeas: Brewer, Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.
                 CITY COUNCIL PROCEEDINGS
JOURNAL 185                                  JANUARY 24, 2006                                             PAGE 156


                                                    RESOLUTION NO. 06-041

                Resolution of findings of advisability and Resolution authorizing constructing a Deceleration Lane
                along West Street serving Bayside Street, the entrance to Emerald Bay Estates (west of West Street,
                north of 21st Street) 472-84365, in the City of Wichita, Kansas, pursuant to findings of advisability
                made by the Governing Body of the City of Wichita, Kansas, presented. Mayans moved that the
                Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gray, Martz, Schlapp, Skelton,
                and Mayans.

VAC2005-00038   VAC2005-00038-REQUEST TO VACATE A PLATTED ACCESS CONTROL AND A
                PORTION OF THE PLATTED SETBACK, GENERALLY LOCATED ON THE NORTHEAST
                CORNER OF THE 13TH STREET NORTH AND GREENWICH ROAD INTERSECTION.
                (DISTRICT II)

                Agenda Report No. 06-0083

                Staff Recommendation: Approve.
                MAPC Recommendation: Approve (Unanimously).

                The applicant has applied for the vacation of the complete access control along the length of its 13th
                Street North and Greenwich Rd. frontages. The applicant proposes replacing the existing six (6) drives
                along its 13th Street North frontage with three (3) drives as follows: two (2) right in/right out drives
                and one (1) full movement drive. The applicant also proposes replacing the existing three (3) drives
                along its Greenwich Rd. frontage with two (2) drives as follows: one (1) right in/right out drives and
                one (1) full movement drive. Spacing of the proposed drives is closer to conformance to the current
                access control standards. There is platted access control on the adjacent west and south properties (The
                Home Bank & Trust Company Addition and The Gateway Center 2nd Addition), which will be a part
                of the consideration of the proposed drives. The applicant is also proposing to vacate a portion of a
                platted 75-foot setback that is generally located on the north 272-feet (starting 50-foot south of its
                northwest corner) of its Greenwich Road frontage. A proposed lot split of Lot 2 will create a new lot on
                the north end of the site’s Greenwich frontage. The applicant proposes to replace it with a 35-foot
                setback. The site is part of CUP DP-224, which has two existing lots of a similar size to the new lot and
                both have 35-foot setbacks along their street frontages; a 35-foot setback is the minimum setback for a
                CUP. No utilities, water, sewer or manholes are located within the proposed vacated portions of the
                setbacks or access control. There is a platted easement along the site’s Greenwich Rd. frontage. The
                Dillon 12th Addition was recorded with the Register of Deeds on August 15, 1997.

                The MAPC voted (9-0) to approve the vacation request. No one spoke in opposition to this request at
                the MAPC’s advertised public hearing or its Subdivision Committee meeting. No written protests have
                been filed.

                A certified copy of the Vacation Order, a dedication of access control by separate instrument and a
                dedication of setback by separate instrument will be recorded with the Register of Deeds.

Motion--        Mayans moved that the Vacation Order be approved and the necessary signatures authorized.
  --carried     Motion carried 7 to 0.
                 CITY COUNCIL PROCEEDINGS
JOURNAL 185                                   JANUARY 24, 2006                                              PAGE 157


VAC2005-00043   VAC2005-00043-REQUEST TO VACATE A PLATTED UTILITY EASEMENT, GENERALLY
                LOCATED WEST OF YOSEMITE COURT-YOSEMITE STREET INTERSECTION, ON THE
                NORTH SIDE OF YOSEMITE STREET. (DISTRICT IV)

                Agenda Report No. 06-0084

                Staff Recommendation: Approve.
                MAPC Recommendation: Approve (Unanimously).

                The applicant is requesting the vacation of a portion of the platted 10-foot side yard utility easement as
                described. There are no utilities, manholes or water and sewer lines in the platted easement. There is no
                future need for the easement. The applicant proposes a boundary shift on the site to create a larger lot.
                The Southern Ridge Addition was recorded with the Register of Deeds on January 15, 2003.

                The MAPC voted (11-0) to approve the vacation request. No one spoke in opposition to this request at
                the MAPC’s advertised public hearing or its Subdivision Committee meeting. No written protests have
                been filed.

                A certified copy of the Vacation Order will be recorded with the Register of Deeds

Motion--        Mayans moved that the Vacation Order be approved and the necessary signatures authorized.
  --carried     Motion carried 7 to 0.


VAC2005-00047   VAC2005-00047-REQUEST TO VACATE A PORTION OF A PLATTED SETBACK
                LOCATED ON THE SOUTHWEST CORNER OF HARRY STREET AND LOCKMOOR
                STREET, EAST OF WEBB ROAD. (DISTRICT II)

                Agenda Report No. 06-0085

                Staff Recommendation: Approve.
                MAPC Recommendation: Approve (Unanimously).

                The applicants are requesting consideration to vacate the north 4-feet of the platted 25-foot front yard
                setback. A mortgage survey revealed an encroachment of less than a foot into the platted front setback.
                The vacation will clear the encroachment and satisfy a requirement of the mortgage company. Per the
                UZC, the “SF-5” zoning district has a 25-foot front setback; this is the same as the site’s platted 25-foot
                setback. If the setback was not platted, the 25-foot setback could be reduced by 20% through an
                Administrative Adjustment. There are no utilities, sewer lines, manholes or water lines in the platted
                setback. There are no platted easements in the platted setback. The Red Oaks First Addition was
                recorded with the Register of Deeds on June 15, 1978.

                The MAPC voted (11-0) to approve the vacation request. No one spoke in opposition to this request at
                the MAPC’s advertised public hearing or its Subdivision Committee meeting. No written protests have
                been filed.

                A certified copy of the Vacation Order will be recorded with the Register of Deeds.

Motion--        Mayans moved that the Vacation Order be approved and the necessary signatures authorized.
  --carried     Motion carried 7 to 0.
                CITY COUNCIL PROCEEDINGS
JOURNAL 185                                 JANUARY 24, 2006                                              PAGE 158


               AIRPORT AGENDA

Mayor Mayans   Mayor Mayans requested to pull item 36 for discussion.

Motion--       Mayans moved that the Airport Consent items be approved as presented excluding item 36.
  --carried    Motion carried 7 to 0.

LAND ACQUIS.   AIRPORT IMPROVEMENT PROGRAM LAND ACQUISITION, 4444 NORTH WEBB ROAD,
               COLONEL JAMES JABARA AIRPORT.

               Agenda Report No. 06-0086

               On November 4, 2003 the City Council approved the purchase of property located adjacent to Colonel
               James Jabara Airport. At that time it was noted that an FAA grant would pay for a portion of the
               acquisition once funds were available.

               Funds are now available and staff has prepared a grant application to submit to the FAA.

               A grant application has been prepared in the amount of $630,404 for this purpose. The Airport’s
               matching portion of five-percent will be funded with G.O. bonds paid with airport revenue.

Motion--       Mayans moved that the grant application and receipt of funds be approved and the necessary signatures
  --carried    once FAA approval and funding is established authorized. Motion carried 7 to 0.


TAXIWAY “H”    TAXIWAY “H” SITE DEVELOPMENT, WICHITA MID-CONTINENT AIRPORT.

               Agenda Report No. 06-0087

               Airport Development is included in the Capital Improvement Program. This project will include utility
               extensions and road construction adjacent to Taxiway “H” to facilitate tenant development in that area.

               A request for proposals was issued to solicit professional services. Professional Engineering
               Consultants was the only submittal received, and a contract has been prepared.

               The contract amount for design and bid phase services is $49,935. The total project cost is estimated to
               be $530,000. The project will be paid for with General Obligation bonds paid for with Airport Revenue.

               The Law Department has approved the Contract and the Authorizing Resolution as to legal form.

Motion--       Mayans moved that the contract be approved; the resolution adopted; the capital budget approved
  --carried    and the necessary signatures authorized. Motion carried 7 to 0.

                                                   RESOLUTION NO. A 06-001

               A Resolution declaring that a public emergency exists for, and that the public safety, service and
               welfare will be advanced by, the authorization of certain capital improvements to the Wichita Mid-
               Continent Airport Facility; and setting forth the nature of said improvements; the estimated costs
               thereof; and the manner of payment of same, presented. Mayans moved that the Resolution be adopted.
               Motion carried 7 to 0. Yeas: Brewer, Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.
                  CITY COUNCIL PROCEEDINGS
JOURNAL 185                                    JANUARY 24, 2006                                              PAGE 159


AIRFIELD SWEEPER PURCHASE OF AIRFIELD SWEEPER, WICHITA MID-CONTINENT AIRPORT.

                 Agenda Report No. 06-0088

                 The 2006 Capital Improvement Program includes a project to purchase airfield equipment. A
                 solicitation has been prepared to purchase a new airfield sweeper to replace an 11-year old airfield
                 sweeper.

                 Reliability of this equipment is critical in order to remove foreign debris from the airfield pavement.
                 The new equipment will operate more efficiently and economically.

                 Estimated cost of the equipment is $150,000, which will be funded with Passenger Facility Charge
                 (PFC) collections.

Motion--         Mayans moved that the capital project budget be approved and authorize staff to solicit bids.
  --carried      Motion carried 7 to 0.


ESTOPPEL CERT.   ASSIGNMENT OF LEASES AND CONSENT TO ASSIGNMENT AND ESTOPPEL
                 CERTIFICATE, WICHITA AIRPORT FACILITIES, INC. TO KOCH BUSINESS HOLDINGS,
                 L.L.C. HANGAR, WICHITA MID-CONTINENT AIRPORT.

                 Agenda Report No. 06-0089

                 Wichita Airport Facilities, Inc. (WAF) currently leases Hangar 16, located at 1700 Airport Road on
                 Wichita Mid-Continent Airport. WAF has no further need of Hangar 16, and is desirous of assigning
                 the lease to Koch Business Holdings, L.L.C. As a part of this assignment, Koch will assume all
                 responsibilities associated with the lease agreement.

                 This transaction was reviewed by the Wichita Airport Advisory Board at its January 9, 2006 meeting,
                 and the WAAB recommends approval of the assignment.

                 Koch is a long-term tenant of the Wichita Airport Authority, and currently occupies a facility adjacent
                 to Hangar 16. Assignment of this lease to Koch will provide Koch with a facility to accommodate both
                 current and future growth of its company.

                 There is no direct financial impact to the WAA during the initial term of the agreement, which is
                 through October 31, 2013. However, Koch will, prior to occupancy, invest up to $250,000 for a roof
                 replacement and facility stabilization of the south side of Hangar 16 in exchange for an extension of the
                 lease agreement beyond 2013. Land rent will be adjusted per WAA policy commencing November 1,
                 2013 by supplemental agreement.

                 The Law Department has approved the Assignment and Consent to Assignment and the Estoppel
                 Certificate as to form.

Motion--         Mayans moved that the Assignment of Leases and Consent to Assignment and Estoppel Certificate be
  --carried      approved and the necessary signatures authorized. Motion carried 7 to 0.
                CITY COUNCIL PROCEEDINGS
JOURNAL 185                                 JANUARY 24, 2006                                             PAGE 160


EAGLEJET       SUBLEASE AGREEMENTS BETWEEN WICHITA AIRPORT FACILITIES, INC. AND
               EAGLEJET AVIATION FOR USE OF HANGARS 17, 19 & 28, WICHITA MID-CONTINENT
               AIRPORT.

               Agenda Report No. 06-0090

               Wichita Airport Facilities, Inc. (WAF) currently leases Hangars 17, 19 and 28 located on Wichita Mid-
               Continent Airport. WAF is no longer interested in providing fixed base and maintenance operations on
               this airport and has sold this business to Eaglejet Aviation. As part of that arrangement, Eaglejet
               Aviation will sublease Hangars 17 and 19 directly from WAF. Hangar 28, which is currently vacant,
               will be subleased to Eaglejet on an as-needed basis whenever Eaglejet has need for additional storage
               space. However, WAF will still market the hangar for lease on a long-term basis. Eaglejet will assume
               the FBO privileges, rights, responsibilities and public service obligations.

               This transaction was reviewed by the Wichita Airport Advisory Board at its January 9, 2006 meeting,
               and the WAAB approved acknowledgment of the sale of the fixed base operator assets and privileges,
               and the subleases of Hangars 17, 19 and 28.

               In that this is a sublease arrangement, WAF remains responsible for the requirements outlined in the
               original agreement between the Wichita Airport Authority and the WAF. Terms of the sublease
               agreement are subordinate to the original agreement.

               The Law Department has approved the subleases as to form.

Motion--       Mayans moved that the Sublease Agreement for Hangars 17 & 19 and the Sublease Agreement for
  --carried    Hangar 28 b e approved and the necessary signatures authorized. Motion carried 7 to 0.


(Item 36)
AIRTRAN        CONTRACT FOR OUTSIDE LEGAL SERVICES-DELTA AIRLINES COMPLAINT WITH
               FAA REGARDING AIRTRAN AIRLINES.

               Agenda Report No. 06-0091

               In December 2004 the City Manager retained the law firm of Palmer & Dodge to represent the interests
               of the Wichita Airport Authority in connection with a complaint filed with the Federal Aviation
               Administration by Delta Airlines challenging the relationship between the City of Wichita and AirTran
               Airlines entered into in May 2004. This agreement was for an initial amount not to exceed $24,000.
               The contract was amended by the Council on September 13, 2005, to increase authorized payments to
               $75,000. The firm has provided representation since that time and the matter remains pending with the
               FAA. There is some additional legal work necessary to fully protect the interests of the Wichita Airport
               Authority that will exceed the limits of the existing contract as amended. In addition, the firm of
               Palmer & Dodge has merged with another firm and the new name of the firm is Edwards, Angell,
               Palmer & Dodge. The attorney who has provided the legal services to date has not changed with the
               merger.

               In order to continue to represent the Wichita Airport Authority adequately in this matter the maximum
               amount that can be expended for fees and expenses under the existing contract needs to be increased to
               $99,000.

               The fees and expenses for the City’s defense of this lawsuit will be paid by the Wichita Airport
               Authority.

               The Law Department has approved the amendment to the contract for legal services as to form.

Mayor Mayans   Mayor Mayans stated that this in another item that deals with outside legal counsel. Stated that
               regarding the Delta contract, he did not know anything about this until reading it in the media. Stated
               that this item has not been discussed for quite some time and does not know where we are with the case.
                         CITY COUNCIL PROCEEDINGS
JOURNAL 185                                          JANUARY 24, 2006                                              PAGE 161


Council Member Fearey   Council Member Fearey stated that she would like to see how we compare to other cities our size
                        regarding what the size of their legal department, legal budget and spending for the use of outside legal
                        counsel.

Council Member Gray     Council Member Gray requested that we discuss this item in Executive Session.

George Kolb             City Manager stated that that could be done today during today’s Executive Session.

Motion--                Gray moved to defer this item to discuss in Executive Session and vote on at a different meeting.
  --carried             Motion carried 7 to 0.


ACQUISITION             ACQUISITION OF 1504 SOUTH RIDGE ROAD FOR WICHITA MID-CONTINENT
                        AIRPORT.

                        Agenda Report No. 06-0092

                        Wichita Airport Authority has approved a master plan to acquire real estate within the boundaries of
                        West Harry Street, Ridge Road, Airport Road and West Mariposa for airport related development. The
                        property located at 1504 South Ridge Road lies within the proposed master plan. The site has 20,090
                        square feet and is zoned Single Family. Improvements consist of a vacant, 976 square foot single-family
                        residence.

                        The property is currently listed for sale on the open market at $75,000. The City had the property
                        appraised in December 2005. The appraised value of $75,000 was offered to the owner. The owner has
                        agreed to sell the property for this amount, plus commissions and fifty percent of closing costs. The
                        improvements will be raised if the improvements are not sold and the site reserved for future airport
                        use.

                        A budget of $98,325 is requested and includes the $75,000 purchase price, $20,000 for demolition,
                        environmental services and airport administrative services, $350 acquisition fee and $2,975 title work,
                        commissions, and closing costs. The cost of this acquisition will be paid for with General Obligation
                        Bonds funded with Airport Revenue.

                        The Law Department has approved the resolution and contract as to legal form.

Motion--                Mayans moved that the Budget be approved; the resolution adopted; the Real Estate Purchase Contract
  --carried             approved and the Mayor authorized to sign the necessary documents. Motion carried 7 to 0.

                                                            RESOLUTION NO. A 06-002

                        A Resolution declaring that a public emergency exists for, and that the public safety, service and
                        welfare will be advanced by, the authorization of certain capital improvements to the Wichita Mid-
                        Continent Airport Facility; and setting forth the nature of said improvements; the estimated costs
                        thereof; and the manner of payment of same, presented. Mayans moved that the Resolution be adopted.
                        Motion carried 7 to 0. Yeas: Brewer, Fearey, Gray, Martz, Schlapp, Skelton, and Mayans.
                        CITY COUNCIL PROCEEDINGS
JOURNAL 185                                         JANUARY 24, 2006                                              PAGE 162


SUPP AGMNT NO. 4       RAYTHEON AIRCRAFT SERVICES-SUPPLEMENTAL AGREEMENT NO. 4.

                       Agenda Report No. 06-0093

                       Raytheon Aircraft Services currently leases the facility located at 2190 Airport Road. The term of the
                       agreement is through January 31, 2005, and includes two ten-year renewal options, subject to the
                       renegotiation of all fees, charges and rentals. Rental during the option periods is to be at fair market
                       value. Raytheon has requested that they be allowed to exercise the first option; however, that they be
                       allowed to terminate the agreement any time after February 1, 2008 by giving a 180-day written notice
                       to the Wichita Airport Authority.

                       The Martens Commercial Group was engaged to determine the fair market rental value. Land rent is
                       established per Wichita Airport Authority policy.

                       Rental will be retroactive to February 1, 2005. During the ten-year extension, facility rent will generate
                       $52,442.41 per year. Land rent during the first year will be $62,770.84, and will increase 5% each year.
                       This compares to a past rental rate of $13,200 for facility rent and $8,168 for land rent.

                       The Law Department has approved the supplemental agreement as to form.

Motion--               Mayans moved that the Supplemental Agreement No. 4 be approved and the necessary signatures
  --carried            authorized. Motion carried 7 to 0.



ADJOURNMENT

Motion--carried        Mayans moved at 11:05 a.m. to adjourn the regular meeting. Motion carried 7 to 0.


RECESS

Motion--               Mayans moved that the City Council recess into Executive Session at 11:06 a.m. to consider:
                       Consultation with legal counsel on matters privileged in the attorney-client relationship relating to:
                       pending litigation; legal advice and that the Council return from Executive Session no earlier than 11:00
  --carried            a.m. and reconvene in the First Floor Board Room of City Hall. Motion carried 7 to 0.


RECONVENE              The Council reconvened in the First Floor Board Room of City Hall at 11:05 a.m. Mayor Mayans
                       stated announced that no action was taken.


Motion--carried        Mayans moved to close the Executive Session at 11:05 a.m. Motion carried 4 to 0, (Martz, Fearey and
                       Schlapp absent)


***Workshop followed in the First Floor Board Room***
                     CITY COUNCIL PROCEEDINGS
JOURNAL 185                                       JANUARY 24, 2006                                               PAGE 163


EXECUTIVE SESSION

Motion--            Schlapp moved that the City Council recess into Executive Session at 1:55 p.m. to consider:
                    Consultation with legal counsel on matters privileged in the attorney-client relationship relating to: legal
                    advice and confidential data relating to the financial affairs or trade secrets of a business and that the
                    Council return from Executive Session no earlier than 2:10 p.m. and reconvene in the First Floor Board
  --carried         Room of City Hall. Motion carried 6 to 0, (Mayans absent)


RECONVENE           The Council reconvened in the First Floor Board Room at 2:11 p.m.


Motion--carried     Schlapp moved to close the Executive Session at 2:11 p.m. Motion carried 6 to 0, (Mayans absent).


Motion--carried     Schlapp moved to adjourn at 2:12 p.m. Motion carried 6 to 0, (Mayans absent)


ADJOURNMENT         The Council adjourned at 2:12 p.m.

								
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